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1 Ohio Law. Abs. 468

Pope v. Mudge

Ohio Supreme Court

Decided July 1, 1923

Ohio Supreme Court · decided 1923-07-01

<p>VERDICT — (1) Error to direct verdict against plaintiff, ' if some evidence, to support petition — (2). Motion to direct should be overruled, when court is required to consider conflicting evidence.</p>

Decided 1923-07-01

ROBINSON, J.

¶11. It is error for the court to direct a verdict against the plaintiff, where, by giving to the evidence the most favorable interpretation toward him which any of the evidence will reasonably warrant, there is some evidence tending to support the allegations o fthe petition.

¶22. If, in ruling upon a motion to direct a verdict, the court is required to detect the truth from conflicting evidence of the some or different witnesses, the motion should be overruled.

¶3Judgment reversed.

Marshall. C. J., Wanamaker, Jones, Matthias, Day and Allen, JJ., concur.
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